Shared Custody and Child Support: The 40% Rule
Child support is directly influenced by the amount of time a child spends with each parent. In shared custody situations, where a child is with each parent more than 40% of the time, the amount of child support is often reduced.
How Support is Calculated in Shared Custody
To determine the child support amount in shared custody cases:
- Calculate how much you would pay based on the Child Support Guidelines if the child lived primarily with your spouse.
- Calculate how much your spouse would pay you if the child lived primarily with you.
- Set off the two amounts against each other. The difference is typically the child support payment that one parent makes to the other.
Important Notes About Judicial Discretion
While the "set-off" method is common, judges have broad discretion in shared custody situations:
- Some judges apply the exact set-off amount.
- Some adjust the amount upward slightly.
- Some reduce the child support amount only a little, even when the 40% threshold is met.
How support is calculated can depend heavily on the specific facts of your case and the preferences of the judge.
Determining 40% Custody
To meet the 40% threshold:
Judges typically count the number of regular overnight visits.
For example, if your children stay with you 6 out of 14 nights, you have them 43% of the time, which meets the threshold for shared custody under the Child Support Guidelines.
Why Legal Advice Matters
Negotiating child support in shared custody cases can be complex. It is best handled with advice from an experienced family lawyer who understands both the legal requirements and the practical realities of these arrangements.
At Galbraith Family Law, we can guide you through the process. Using the Collaborative Process, you and your spouse can negotiate a child support amount that works for your family, rather than relying solely on a judge’s decision.
If you need help resolving child support issues in a shared custody situation, contact us today to book a consultation.